Cosby v. Commonwealth
Court of Appeals of Kentucky
Case 26 — Indictment against George Cosby rob Maliciously Striking and Wounding Another with a Club and Rock with Intent to Kill. APPEAL PROM NELSON CIRCUIIT COURT. Dependant ‘Convicted and Appeals. I prosecute this appeal as attorney for defendant by appointment, believing he has not had a fair trial, and that the verdict is excessive.
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Case 26 — Indictment against George Cosby rob Maliciously Striking and Wounding Another with a Club and Rock with Intent to Kill. APPEAL PROM NELSON CIRCUIIT COURT. Dependant ‘Convicted and Appeals. I prosecute this appeal as attorney for defendant by appointment, believing he has not had a fair trial, and that the verdict is excessive. If convicted at all he should have been convicted for striking in sudden heat and passion and fined, instead of being sent to the penitentiary. The evidence showed that he had a sister, Rachel, under eighteen years of age, and who is an orphan, and he had…
1Opinion of the Court
Opinion of the court by
JUDGE SETTLE
Reversing.
The appellant, George Oosby, was indicted in the Nelson circuit court for the crime of unlawfully and maliciously striking and wounding one ffm. Gilky with a club and rack, *224deadly weapons, with the intent to kill him. Upon- the trial appellant was found guilty by the verdict of the jury, and his punishment fixed at confinement in the penitentiary for a term of three years. A new trial was refused Mm; hence this appeal.
The lower court gave five instructions, four of which, viz., 1, 2, 3, and 5, we do not hesitate to approve, as they fairly and…
2Cases cited1 opinion
- Commonwealth v. DuncanCourt of Appeals of Kentucky · 1891
3Cited by10 opinions
- The People v. DwyerIllinois Supreme Court · 1927
- People v. FreemanCalifornia Court of Appeal · 1927
- Owens v. CommonwealthCourt of Appeals of Kentucky · 1920
- McIntosh v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1938
- Lyon v. CommonwealthCourt of Appeals of Kentucky · 1922
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